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Complaints procedure

In accordance with Act No. 108/2024 Coll. on consumer protection and on the amendment and supplementation of certain laws, and Act No. 40/1964 Coll. Civil Code pursuant to §§ 615 to 626

Article I 

Right to file a complaint

If a defect occurs in the purchased goods, the consumer has the right to complain about the defect due to non-conformity with the consumer purchase contract. For the complaint to be properly assessed, the claimed goods must be clean, complete, and in compliance with sanitary regulations or general hygiene principles.

The consumer is obliged, in addition to adhering to generally known rules, to follow the conditions for using the goods as set out in the warranty certificate or the user manual, to use and maintain the goods in accordance with their natural lifespan, and not to tamper with any seals if the goods are sealed.

Article II 

Place to file a complaint

A defect can be reported at any of the trader's establishments, to another person notified by the trader to the buyer before the contract was concluded or before the order was sent, or via remote communication means to the address of the trader's registered office or place of business, or to another address notified by the trader to the buyer at or after the contract conclusion.

To exercise the rights from liability for defects (complaint), a proof of purchase (ERP receipt) is always sufficient. Submission of the proof of purchase for the purpose of a complaint is sufficient even if a warranty certificate was issued but the customer does not have it. In such a case, the complaint must be accepted, providing a 24-month warranty for the goods, but not longer, even if such an extended warranty period may have been marked on the lost warranty certificate in the case of an extended warranty (so-called consumer warranty according to § 626).

Article III 

Trader's responsibility

The sold item must comply with the agreed requirements (§ 616) and general requirements (§ 617).

In selling the goods, the trader is responsible for ensuring that the goods comply with the consumer purchase contract, i.e., that the sold item has the quality and useful properties required by the contract, described by the trader, manufacturer, or their representative, or expected based on their advertising, or the quality and useful properties usual for goods of that kind, that it meets legal requirements, is in the specified appropriate quantity, measure, or weight, and corresponds to the purpose stated by the trader or for which the goods are usually used.

If the goods have defects upon receipt by the consumer, they are in non-conformity with the consumer purchase contract. The trader is responsible to the consumer for defects that manifest as non-conformity with the consumer purchase contract.

The trader is not responsible for non-conformity with the consumer purchase contract if

  • he consumer caused the defect themselves,
  • the consumer knew about the defect before accepting the goods,
  • the consumer’s complaint contradicts the nature of the goods, particularly after the expiry of the durability, consumption, or lifespan of the goods.

The trader is not responsible for defects:

  • or which a discount on the price of the goods was provided,
  • that occurred during the warranty period due to wear and tear, improper or excessive use, or after the expiration of the goods' lifespan,
  • related to tampering with the protective seal on the goods,
  • caused by unauthorized interference with the goods or its components.

Article IV

Liability for defects

Liability for defects (§ 619): The trader is liable for any defect present in the sold item at the time of delivery and which manifests within two years from delivery.

If the purchase involves an item with digital elements where digital content is to be delivered or a digital service provided continuously for an agreed period, the seller is liable for any defect in the digital content or service that occurs or manifests during the agreed period, but at least for two years from the delivery of the item with digital elements.

For used items, the parties can agree on a shorter liability period for defects, but not shorter than one year from the delivery of the item.

The trader is liable for a defect caused by incorrect assembly or installation of the item, digital content, or digital service if 

  1. the assembly or installation was part of the purchase contract and was carried out by the seller or under their responsibility, or 
  2. the assembly or installation, which the buyer was supposed to perform, was done incorrectly by the buyer due to deficiencies in the assembly or installation instructions provided by the seller or supplier of the digital content or service.

Consumer warranty (§ 626): The manufacturer or trader may provide the buyer with a consumer warranty, committing to refund the purchase price, replace or repair the sold item, or ensure its maintenance beyond the rights arising from liability for defects. The buyer has the right to claim fulfillment of the consumer warranty from the manufacturer or seller who provided it, under the conditions specified in the warranty certificate or related advertisement available at the time of the purchase contract conclusion or before its conclusion. In the warranty certificate, the trader specifies the conditions and scope of this extended warranty. If the manufacturer (supplier of the trader) provides a longer warranty period than 24 months for their products, the trader must not shorten this period, even if it only concerns a component of the item.

Article V 

Consumer rights

If goods have defects, the buyer must notify the seller within two months of discovering the defect, but no later than the expiration of the warranty period.

The buyer has the right to choose between rectifying the defect by repairing or replacing the item. The buyer cannot choose a method of defect rectification that is impossible or would cause the seller disproportionate costs compared to the other method of rectification, considering all circumstances, especially the value the item would have without defects, the seriousness of the defect, and whether the other method would cause significant inconvenience to the buyer.

The seller may refuse defect rectification if neither repair nor replacement is possible or if they would require disproportionate costs considering all circumstances, including those mentioned above.

The seller shall rectify or replace the item within a reasonable time after the buyer has notified them of the defect, at no cost to the buyer and without causing significant inconvenience to the buyer, considering the nature and purpose for which the buyer required the item.

For the purpose of repair or replacement, the buyer shall deliver or make the item accessible to the seller or another person authorized by the seller. The costs of returning the item shall be borne by the seller.

After repair or replacement, the seller shall deliver the repaired item or replacement item to the buyer at their own expense, in the same or a similar manner as the buyer delivered the defective item, unless otherwise agreed upon by the parties.

If the buyer does not collect the item within six months from the day they should have collected it, the seller may sell the item. If it is an item of greater value, the seller shall inform the buyer in advance about the intended sale and provide them with a reasonable additional period to collect the item. After the sale, the seller shall promptly pay the buyer the proceeds from the sale of the item after deducting the costs incurred for its storage and sale, provided that the buyer exercises the right to a share of the proceeds within a reasonable period stated by the seller in the notice of the intended sale of the item. The seller may destroy the item at their own expense if it could not be sold or if the expected proceeds from the sale would not cover even the costs that the seller reasonably incurred for the storage of the item and the costs that the seller would necessarily incur for its sale.

The buyer has the right to a reasonable price reduction or may withdraw from the purchase contract even without providing an additional reasonable period if:

  • he seller has not repaired or replaced the item,
  • the seller has refused to rectify the defect,
  • the item has the same defect even after repair or replacement,
  • the defect is of such a serious nature that it justifies an immediate price reduction or withdrawal from the purchase contract, or
  • it has been declared by the seller or is evident from the circumstances that the defect will not be rectified within a reasonable time or without causing significant inconvenience to the buyer.

If the defect can be rectified, the buyer may demand its free rectification. The seller shall rectify the defect within a reasonable time. Reasonable time means the shortest time necessary for the seller to assess the defect and to repair or replace the item, considering the nature of the item and the nature and seriousness of the defect.

When assessing the buyer's right to a price reduction or withdrawal from the purchase contract, all circumstances shall be taken into account, especially the type and value of the item, the nature and seriousness of the defect, and the possibility for the buyer to objectively demand that they trust the seller's ability to rectify the defect. The price reduction must be proportionate to the difference in value between the item as delivered and the value it would have had if it had no defects.

The buyer cannot withdraw from the purchase contract if the buyer contributed to the occurrence of the defect or if the defect is negligible. The burden of proof that the buyer contributed to the occurrence of the defect and that the defect is negligible lies with the seller.

If the contract concerns the purchase of multiple items, the buyer may only withdraw from it in relation to the defective item. In relation to other items, the buyer may withdraw from the contract only if it cannot be reasonably expected that they would want to keep the other items without the defective item.

The buyer may withdraw from a distance contract or a contract concluded outside the business premises of the seller within 14 days
a.) from the day of receipt of the goods by the consumer,
b.) from the day of conclusion of the contract for the supply of digital content that the seller supplies otherwise than on a tangible medium.

The buyer may withdraw from a distance contract or a contract concluded outside the business premises of the seller within 30 days from the day of conclusion of the contract in the case of unsolicited visits or in connection with them, or at a sales event or in connection with it.

The seller has an explicit obligation to inform the buyer about the possibility of withdrawing from the contract. If the seller fails to do so, the buyer may be entitled by law to an additional period of up to 12 months after the expiry of the period, during which the seller properly and timely fulfilled their obligation to inform the buyer.

After withdrawing from the contract or its part, the buyer shall return the item to the seller at the seller's expense. The seller shall ensure the removal of the item that was installed according to its nature and purpose before the defect occurred. If the seller does not rectify the defect within a reasonable time, the buyer may arrange for the removal and delivery of the item to the seller at the seller's expense and risk.

The seller is not entitled to compensation for damage caused by normal wear and tear of the item or for remuneration for its normal use before withdrawing from the purchase contract.

After withdrawing from the contract, the seller shall refund the purchase price to the buyer no later than 14 days from the date of return of the item to the seller or upon proof that the buyer has sent the item to the seller, whichever occurs first. The seller shall refund the purchase price to the buyer or provide a discount on the purchase price in the same manner as the buyer used to pay the purchase price, unless the buyer explicitly agrees to a different method of payment. All costs associated with the payment shall be borne by the seller.

The seller is not entitled to compensation for damage caused by normal wear and tear of the item or for remuneration for its normal use before withdrawing from the purchase contract.

If the seller refuses liability for defects, they shall inform the buyer in writing of the reasons for refusal. If the buyer proves the seller's liability for the defect by an expert opinion or an expert opinion issued by an accredited person, authorized person, or notified person, the buyer may repeatedly challenge the defect, and the seller cannot refuse liability for the defect.

The buyer shall file a complaint via remote communication (by letter, telephone, or email) and shall be obliged to deliver or make available the complained goods together with a copy of the purchase document to the seller.

The seller shall provide the buyer with a written confirmation of the defect upon the buyer's complaint without delay after the defect has been raised by the buyer. The deadline specified in the confirmation of the defect shall not exceed 30 days from the date of the defect being raised, unless a longer period is justified by an objective reason that the seller cannot influence. Even for an extended period, it must be the shortest possible time, and the seller shall always inform the consumer in writing about this period and the reasons for exceeding 30 days.

After processing, the seller shall provide the customer with a document confirming the handling of the complaint only if the complaint has been rejected. In the document, the seller shall state the reasons for rejecting the complaint.

A rejection of the complaint does not require an expert assessment.

Article VI 

Complaints about used and defective goods

In the sale of used or defective items, the seller must ensure clear labeling indicating that it is defective or used goods. The seller is obliged to inform the consumer about the nature of the defect.

In the case of used or defective items, the seller is not liable for defects caused by their use or wear and tear that the buyer was informed about at the time of purchase. For items sold at a lower price due to a negotiated lower price, the seller is not responsible for defects that justified the reduced price.


Complaints department: Ms. Katarína Pučaťová, email: servis.sk@orava.eu; tel. no.: 043 53 060 04

Complaints procedure valid from 1.7.2024